800 R.I. Code R. 800-RICR-00-00-6.4

Current through December 3, 2024

Section 800-RICR-00-00-6.4 - Source Selection

6.4.1Methods of Source Selection

A. Except as otherwise authorized by law, or as specifically exempted herein, all RIAC contracts shall be awarded as the result of:

1. Competitive Sealed Bidding;

2. Competitive Negotiation;

3. Non-competitive Procurements;

4. Small Purchase Procedures;

5. Grants (where permitted by law);

6. Exemptions

6.4.2Competitive Sealed Bidding

RIAC conducts Competitive Sealed Bidding in accordance with R.I. Gen. Laws § 37-2-18.

6.4.3Competitive Negotiation

A. A contract may be awarded in accordance with R.I. Gen. Laws § 37-2-19 by competitive negotiation when the President and CEO determines in writing that the use of competitive sealed bidding is not practicable due to certain factors including but not limited to:

1. Lowest price is not the sole or primary consideration to be used in determining an award;

2. Performance is neither specific nor objective, and open to the offeror's interpretation;

3. It is otherwise anticipated that offers may be substantially different and that there is insufficient common ground for objective comparison; or

4. It is anticipated that changes may be made after proposals are opened and that the nature of the proposals and/or prices offered may be negotiated prior to award.

6.4.4Non-Competitive Procurements

A. Noncompetitive procurement may be used when the item(s) or service(s) necessary may only be procured from a single or sole source or in the event of an emergency, in accordance with R.I. Gen. Laws § 37-2-21.

B. Sole Source

1. A contract may be awarded for a supply, service, or construction item without competition when the President and CEO determines, in writing, that there is only one source for the required supply, service, or construction item.

2. Sole source categories may include:

a. items of a unique nature that are unavailable from other sources due to patents or proprietary processes;

b. books, maps, periodicals, and technical pamphlets, films, video and audio cassettes obtained from publishers;

c. certain computer software;

d. licenses-computer software, electronic transmittal;

e. specialized replacement/repair parts or expansion parts necessary to maintain the integrity of system or function, e.g. scientific research;

f. works of art for museum or public display;

g. specialized services for which there is only one documented accepted source, such as transactions involving unique professional services and/or educational institutions, e.g., visiting speakers or professors, and performing artists; repair/maintenance agreements with manufacturers;

h. advertisements, public notices in magazines, trade journals, newspapers, television.

(1) NOTE: Purchase of advertising and public relations consulting services must be established through a competitive selection process.

C. Emergency Procurements

1. The President and CEO may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety.

2. An emergency means a situation to which an urgent response is required because of immediate dangers to health and safety, threat to property and necessary functions, or failures of critical equipment. Inadequate anticipation may not be considered justification for "emergency" procurement. Commitments should not extend beyond the immediate response to the emergency conditions.

3. Emergency procurements shall be made with such competition as is practicable under the circumstances.

4. A written determination of the basis for the emergency and for the selection of the contractor shall be included in the contract file.

6.4.5Small Purchases

A. Procurements in excess of one thousand dollars ($1,000) but not to exceed an aggregate amount of ten thousand dollars ($10,000) for construction and five thousand dollars ($5,000) for other purchases must be made in accordance with the following:

1. Competitive quotes shall be obtained in the form of at least three (3) quotations for procurements for construction exceeding one thousand dollars ($1,000) but less than ten thousand dollars ($10,000).

2. Small construction purchases shall include building, altering, repairing, improving or demolishing buildings or other improvements to real property.

3. Competitive quotes shall be obtained in the form of at least three (3) quotations for procurements for purchases other than construction exceeding one thousand dollars ($1,000) but less than five thousand dollars ($5,000).

4. Competitive quotes shall be obtained from a sufficient number of suppliers to be considered representative of the industry cited. Although three (3) quotes shall be considered the minimum, the President and CEO may in some instances declare the existence of less than three (3) quotes to be considered to provide adequate price competition. The determination shall be made in writing and placed in the bid file.

B. Competitive quotes shall not be required for purchase orders up to $1,000 in value if the prices are considered to be reasonable.

6.4.6Exemptions

RIAC may waive requirements for competitive sealed bidding in accordance with R.I. Gen. Laws § 37-2-54.

800 R.I. Code R. 800-RICR-00-00-6.4

Amended effective 12/11/2018